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A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006 [1]. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties.
After a Bill filed in any Cause, the Court will, on Affidavit, that any of the Witnesses are aged or infirm, sick, or going beyond Sea, so that the Party is in Danger of losing their Testimony, order them to be examined de bene esse, which will make their Depositions valid in that Cause only, and against those who are Parties to it; but if it ...
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
McDonald’s Corp., 466 F. Supp. 2d 1020 (2006), the District Court for the Northern District of Illinois took the view that Section 1782 permits orders requiring non-parties to produce documents and to give oral testimony by deposition, but not orders to answer written interrogatories. At least one 2007 case, however, did require a non-party ...
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